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In keeping with the theme of this special edition of the Bar Journal, I want to highlight the Bar Commission's important decision to grant $120,000 from unreserved surplus funds to
Lawyers Helping Lawyers. Also on the horizon are CaseMaker and the Fall Forum - two new programs that will benefit all members, and in particular the thirty-five percent of us who are
solo and small firm practitioners.
Lawyers Helping Lawyers
Between 1,100 and 1,400 Utah lawyers are believed to be impaired by some form of substance abuse or mental
stress or illness. Of the disciplinary matters that are budgeted to cost the Bar over $750,000 in fiscal 2004, as many as seventy percent may be related to substance abuse or
psychological problems. Such problems also dramatically increase malpractice insurance rates and claims on the Client Security Fund. Of course, the human toll from substance abuse and
mental illness - including suicide, broken families, and destroyed friendships - is immeasurable. Yet, Utah is one of only nine states without a permanently funded program to help lawyers
with these problems. Most bars comparable in size to Utah have such programs.
For these reasons, the Bar Commission has voted to grant $120,000 from unreserved surplus funds to LHL
and to explore ways to permanently fund the LHL program. For most of its existence, LHL has functioned as a Bar committee, almost entirely dependent upon a dedicated core of volunteers.
Under that model, LHL was able to assist only about eleven lawyers a year. Two years ago, LHL became an independent entity and has since qualified for 501(c)(3) status. The Bar Commission
gave it a one-time grant of $20,000, most of which was used to pay its part-time director, attorney Rich Uday.
Under Rich's guidance, the program heightened its profile in the
legal and health communities and greatly expanded its impact. Rich has continued his work long after the money ran out. Recently, the Litigation Section generously donated $5,000 to the
program. But the efforts of Rich and the LHL Committee have made it apparent that to achieve the most impact, sufficient funding is needed to support LHL as a stable, sustained program.
Therefore, the Commission approved an annual budget of $120,000 to fund a full-time director, an assistant, and their expenses. In addition, the Bar negotiated with Marsh Affinity Group,
the underwriter for Bar-endorsed malpractice insurance, to contribute a portion of the annual premiums it underwrites in Utah to the program, which will lower the net cost to the Bar to
$100,000.
A recent study by the Oregon State Bar furnished hard evidence that its attorney assistance program, funded from its unique mandatory malpractice insurance program, saves
money and protects the public. The study compared the malpractice and discipline rates for recovering lawyers before and after sobriety. Malpractice rates for those lawyers plunged from
thirty to eight percent. Discipline rates dropped from twenty-eight to seven percent. With permanent funding, the LHL program will be capable of achieving similar results.
CaseMaker
Delivery of legal services to middle-income clients will continue to be one of the major focuses of the Bar in the upcoming year and beyond. One of the most significant
expenses driving the cost of legal services is computer-based legal research. The Bar Commission recently approved a proposal that will put a healthy dent in those expenses and make legal
services more affordable for your clients. CaseMaker is a growing consortium of state bars that deliver on-line legal research as a benefit of membership at no additional charge. The Bar
Commission has budgeted $65,000 in fiscal 2004 to create a library tailored to Utah lawyers and join the consortium. Every consortium state has access to not only its own library, but
also the libraries of every other consortium state. As of this writing, thirteen states including Oregon and Idaho, are members and membership is under consideration by several other
states.
The members of consortium states have been enthusiastic about CaseMaker both before and after its adoption in their states. Since the Utah State Bar announced that it was
considering CaseMaker, the feedback from Utah lawyers has also been overwhelmingly positive. Joining CaseMaker requires a five year commitment and therefore the Bar will be petitioning
the Utah Supreme Court for approval. If the Court approves the program, we expect to launch CaseMaker in Utah in early 2004.
Fall Forum
Were you too busy to trek to the
Annual Bar Meeting in Sun Valley? Come to the Fall Forum, a new one-day local convention to be held in Salt Lake City on September 26, 2003. Initiated by immediate Past President John
Adams at the suggestion of small-firm attorney Carol Clawson, the Fall Forum is tailored to the needs of solo and small-firm lawyers. The convention committee, chaired by Carol and solo
practitioner Dale Kimsey, has developed a program with plenty of networking opportunities, law office management tips, and CLE all for the bargain early registration price of $75. Carol
and Dale have also lined up some great speakers, including Jay Foonberg, author of the ABA bestseller How to Start & Build a Law Practice; Forrest "Woody" Mosten, author of the ABA publication Unbundling Legal Services; and Harvard Law professor Arthur Miller, who will lead a spirited panel discussion on one of the most critical topics of our times, "Will September 11 Change the American Constitution?" Look for the CLE Calendar in this edition of the Bar Journal for more information.
Impact of New Programs
As the Bar moves forward with LHL and CaseMaker, it continues to maintain a healthy financial condition. At the end of fiscal 2004, the Bar is
projecting an unreserved surplus of $373,000 and a total of $825,000 in operations, capital, and contingency reserves. At the same time, expenses from all programs continue their
inevitable rise, and the day is foreseeable when the unreserved surplus will be gone. In preparation for some difficult decisions ahead, the Bar Commission will be closely evaluating all
programs to determine how they fit with the basic mission and strategic priorities of the Bar. Your thoughts on these matters will be critical to that determination and the Bar will
actively seek your comments.
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